[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Notices]
[Pages 49667-49668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19260]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 / 
Notices  

[[Page 49667]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation


2001 Crop Assistance for Losses in the State of Idaho Due to the 
Herbicide Oust

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Notice.

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SUMMARY: The Commodity Credit Corporation (CCC) is issuing this notice 
to inform all interested parties of the 2001 Idaho Oust Program (Oust 
Program). The program is to compensate farmers whose crops were damaged 
by the Bureau of Land Management's use of a herbicide near their farm.

DATES: All interested parties must file applications at the address 
specified below by such date as determined by the Idaho State Executive 
Director.

FOR FURTHER INFORMATION CONTACT: Dan McGlynn, Telephone (202) 720-3463.

SUPPLEMENTARY INFORMATION: Section 757 of the Agriculture, Rural 
Development, Food and Drug Administration and Related Agencies 
Appropriations Act, 2002 (Public Law 107-76) provided that the 
Secretary of Agriculture may use not more than $5,000,000 of funds of 
the Commodity Credit Corporation to pay claims of crop damage, upon 
consultation with the Secretary of the Interior, that resulted from the 
Bureau of Land Management's use of herbicides during the 2001 calendar 
year in the State of Idaho. Section 757 provided further that if the 
amount provided was not sufficient to pay all approved claims then the 
claims would be reduced on a pro rata basis related to the degree of 
loss in production. And, Section 757 specified that nothing in it would 
be construed to constitute an admission of liability by the United 
States arising from the use by the Bureau of Land Management of the 
herbicide Oust. Also, it was provided that the issuance of regulations 
promulgated pursuant to Section 757 would be made without regard to: 
(1) The notice and comment provisions of section 553 of title 5, United 
States Code; (2) the Statement of Policy of the Secretary of 
Agriculture effective July 24, 1971 (36 FR 13804), relating to notices 
of proposed rulemaking and public participation in rulemaking; and (3) 
chapter 35 of title 44, United States Code (commonly known as the 
``Paperwork Reduction Act''). Also, the Secretary was directed to use 
the authority provided under section 808 of title 5, United States Code 
which excepts certain rules from certain statutory provisions relating 
to Congressional oversight. This notice is to inform affected parties 
that they may be eligible for 2001 Oust benefits under the terms of 
this notice and to set forth the terms and conditions of the Oust 
Program.
    Producers who seek benefits under this notice must file an 
application, CCC-559, 2001 Idaho Oust Program Application, for benefits 
in the county Farm Service Agency (FSA) office serving the county where 
the producer's farm is located for administrative purposes. The 
Secretary of Agriculture will spend $5 million of CCC funds to pay 
claims of crop damage under the Oust Program. Because funding for the 
program is limited to $5 million, national factors for reducing 
payments may be determined after the end of sign up, if necessary, to 
ensure that the total outlays do not exceed the amount of funds made 
available under this program. In the event that the $5 million is 
insufficient to pay all approved claims, the Secretary of Agriculture 
will reduce all approvable and timely claims on a pro rata basis 
related to the degree of loss in production. Total Oust benefits are 
not subject to a payment limitation per ``person'' as defined in 7 CFR 
part 1400, or the gross revenue provisions.
    Any payment or portion thereof to any producer shall be made 
without regard to questions of title under State law and without regard 
to any claim or lien against the crop, or proceeds thereof, in favor of 
the owner or any other creditor. Eligible producers for Oust benefits 
are producers in the State of Idaho who have suffered 2001 crop year 
production losses in excess of 25 percent of a field's expected 
production as a result of BLM's use of the herbicide Oust. The 25 
percent limit is not set out in the statute. However, the program is 
discretionary and claims above that amount are expected to exceed the 
$5 million allowed to be spent. The 25 percent restriction is intended 
to help direct the funds to those with the greatest loss and the 
greatest needed. Although the statute speaks generally, initially, of a 
herbicide loss, without specifying a particular herbicide, the statute 
makes it clear that it is directed at the herbicide Oust. By statute, 
the program is limited to Idaho. As specified in this statute, nothing 
in the administration of the program is designed to suggest or 
constitute, or can be taken to suggest or constitute, and admission of 
liability by the United States or anyone arising from the use of the 
herbicide Oust or any other herbicide. As a condition to receive Oust 
benefits, a producer must have been in compliance with the Highly 
Erodible Land and Wetland Conservation provisions of 7 CFR part 12 for 
the 2001 crop year.
    No person shall receive Oust benefits in an amount that exceeds the 
value of the expected production for the field for the 2001 crop year 
as determined by CCC.
    To receive Oust benefits, the county FSA committee must determine 
that because of BLM's use of Oust, the producer sustained a loss of the 
expected production of a crop on a farm field. Ineligible causes of 
loss are those that are not a direct result from BLM's use of Oust. 
Calculation of benefits under this notice shall not include ineligible 
causes of loss, such as losses that are the result of adverse weather 
conditions, poor management decisions or poor farming practices.
    Each eligible producer's share of an Oust payment shall be based on 
the producer's share of the crop or crop proceeds, or, if no crop was 
produced, the share the producer would have received if the crop had 
been produced.
    Oust payments will be calculated using payment rates and yields 
established under the 2000 Crop Disaster Program (CDP) as provided in 7 
CFR part 1480.
    Eligible acreage shall be calculated using the number of acres 
shown to have been planted to a crop in a farm field, excluding acreage 
enrolled in the 2001 Sugar Payment-In-Kind Diversion Program. Such land 
was land for which

[[Page 49668]]

no crop was to be harvested in return for sugar from CCC's inventory. 
Accordingly, it would not be proper to consider such acres to have 
suffered a loss of the crop for purposes due to the application of this 
herbicide. Subject to the availability of funds, Oust benefits under 
this notice for losses to crops shall be made in an amount determined 
by multiplying the determined eligible loss of production in excess of 
25 percent of the expected production for the field by the applicable 
payment rate.
    Production shall include all harvested production, unharvested 
production and assigned production for the field. The county committee 
shall assign production when the county committee determines: (1) An 
acceptable appraisal or record of harvested production does not exist; 
(2) acreage was destroyed and no appraisal exists; (3) yields are 
diminished or losses are increased due to an ineligible cause of loss.
    The county committee shall establish production factors for 
ineligible causes of loss. Production factors will apply when assigning 
production for ineligible causes of loss.
    Producers are responsible for providing verifiable or reliable 
production records available for the crop and field and summarizing all 
the production evidence. If the eligible crop was sold or otherwise 
disposed of through commercial channels, production records include: 
commercial receipts; settlement sheets; warehouse ledger sheets; or 
load summaries; appraisal information from a loss adjuster acceptable 
to CCC. If the eligible crop was farm-stored, sold, fed to livestock or 
disposed of by means other than commercial channels, production records 
for these purposes include: truck scale tickets; appraisal information 
from a loss adjuster acceptable to CCC; contemporaneous diaries; or 
other documentary evidence, such as contemporaneous measurements.
    Producers must provide all records for any production of a crop 
that is grown with an arrangement, or contract for guaranteed payment. 
The failure to report the existence of any guaranteed contract or 
similar arrangement or agreement shall be considered as providing false 
information to CCC and will render producers ineligible for Oust 
benefits, and may lead to other civil or criminal sanctions.
    To receive Oust benefits, the county committee must determine that 
because of the herbicide Oust, the producer, with respect to the 2001 
crop year, sustained a loss in production of a crop.
    To determine if eligible acreage was damaged by Oust, the producer 
must supply one of the following types of documentation: (1) Field 
inspection form compiled by a licensed crop consultant; (2) 
documentation from an independent crop consultant that indicates Oust 
damage; (3) positive soil test results that show the presence of Oust 
in the sample; or (4) documentation from a University of Idaho 
Specialist that the acreage showed Oust damage.
    To apply for benefits, producers must submit: (1) Form CCC-559, and 
include supporting documentation described in this notice; (2) Form AD-
1026, Highly Erodible Land and Wetland Conservation Compliance; and (3) 
FSA-578, Report of Acreage.
    Unless extended by CCC, the final date for accepting applications 
for the Oust Program shall be no less than 15 calendar days after the 
date this notice is published in the Federal Register. It has been 
determined that the notice and comment provisions of section 553 of 
title 5, United States Code, the Statement of Policy of the Secretary 
of Agriculture effective July 24, 1971 (36 FR 13804), relating to 
notices of proposed rulemaking and public participation in rulemaking, 
and chapters 35 of title 44, United States Code (the ``Paperwork 
Reduction Act'') are not applicable to the Oust Program. Also delay for 
Congressional review under 5 U.S.C. 808 et seq., to the extent if any, 
that it would otherwise apply, would be contrary to the public interest 
and contrary to the provisions of section 757 of Public Law 107-76 
which specifies that in carrying out that section the Secretary shall 
use the authority of 5 U.S.C. 808 exempting agency actions from such 
review. Applications may be obtained and filed in the county FSA office 
where the producer's farm is located for administrative purposes. All 
late and incomplete applications may be rejected.
    The Oust Program shall be under the supervision of the Farm Service 
Agency, Deputy Administrator for Farm Programs, who shall have the 
authority to modify terms and conditions of the Oust Program in order 
to achieve the purposes of the Oust Program. Additional conditions may 
be added by the program application as needed. No claims will be paid 
except upon the making of a proper application during the sign-up 
period for this program. The final terms and conditions shall be those 
set out in the program application, CCC-559, which all participants 
must sign. A copy of this form is available at any FSA office.
    For additional information, affected producers should contact the 
Farm Service Agency Service Center in the county in which their farm is 
located for administrative purposes. Eligibility determinations will be 
made upon receipt of all of the necessary data.


    Signed at Washington, DC, on July 25, 2002.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 02-19260 Filed 7-30-02; 8:45 am]
BILLING CODE 3410-05-P